Small Law Firms

It’s the most wonderful time of the year. The season of law firm holiday parties, for starters. And, better yet, bonuses. This year, Santa Cravath stuffed stockings with a goodly amount of cash.

But the parties and paychecks pale in comparison to what’s about to get underway: Above the Law’s fourth annual holiday card contest!

Last year, Haynes and Boone, a frequent finalist in the contest, took home top honors. Will they repeat in 2012, will a prior winner reemerge, or will a totally fresh face grab the Christmas card crown?

Read on — and read carefully, counselors — for the official contest rules….

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For those of you that have clients, and in turn, those that have referred them to you, other than an expensively created fake online presence (half, no, two-thirds of my readers just clicked off) you may be wondering how to say thank you to them this holiday season.

Not to worry, as always, I am here to help. No, no, no need to thank me, it’s my pleasure. The following is based on years of receiving crappy and awesome gifts during the holidays and provided in an effort to make you look like at one time before you became a lawyer, someone taught you good manners.

First, I know you like your name or your firm’s name or logo. No one else does. I’ve thrown out more leather binders with law firm logos, coffee mugs, pens, Godforsaken calendars, and things I’m supposed to carry around on in my golf bag that have a law firm name or logo than you’ve received.

Holidays are not a time to blatantly market your firm, they’re a time to say, “Thank you, you did something important for me.” The marketing aspect comes from making an impression without thinking that your logo in the hands of your referral source or client is something special. I know you got all excited when you opened up the box of firm logo trinkets (“Oh, awesome, this is my name on something.”), but please, throw them away….

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Elections have consequences, and right now I’m waiting for Republicans to start paying the piper. I’m looking at you, Ted Nugent. You declared, nay promised, that if Obama was reelected, you’d either be dead or in jail within a year. Well, tick tock buddy, we’re all waiting.

In fact, there were many Republicans who promised to do all sorts of horrible things should Barack Obama win. And apparently some of them are following through. Nothing makes a political statement about the vibrancy of our democracy than petulantly firing people when democracy doesn’t go your way.

And heck, we don’t even know how many people will be “not hired” because, “Grrr… we have to pay for our employees’ health care because we were too partisan or stupid to support a single-payer system that would have shifted the burden of health insurance away from private employers.”

At least, we won’t know unless they tell us. Which, incredibly, one solo practitioner apparently did, in a rejection letter to somebody who applied in response to her Craigslist ad. It’s easily the best post-election rejection letter we’ve seen….

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Brian Tannebaum, my fellow small-firm columnist, recently described as silly the notion that “success in the law doesn’t come from good legal work.” I agree with Tannebaum that success requires far more than “being able to obtain a volume of calls from a fake presence, a creation of a ‘brand,’ and trying very, very hard to get our hand to the top of the baseball bat of the internet.” But I also think that success doesn’t come just from doing good legal work. In my experience, the most talented lawyers often are not the most successful, at least by traditional definitions. Nor are the most successful lawyers the best lawyers.

For Biglaw associates, success is usually defined as making partner. Anonymous Partner recently wrote that when you make partner in Biglaw, you “occupy a new professional status, and the nature of making partner is such that no matter how badly you screw up the rest of your life, you have accomplished something very rare. It is a life milestone, on par with getting married or winning the lottery in terms of its immediate alteration of your identity.”

And who makes partner in law firms? The best writers? The best oral advocates? The most thorough? The hardest working? The most efficient? Not necessarily any of the above.

Partnership decisions vary from firm to firm, and I am not so cynical to suggest that merit plays no role. Obviously, “merit” always plays a role. It’s just that what is meritorious is in the eye of the decision-maker, and that differs from what many associates might think is most important….

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There is a notion (held mostly by the unemployed and unhappy people in the comments section) that I may be the only person writing about the possibility that the internet and those that “sell” the internet to lawyers, as well as this notion of “branding” and spending your day reading self-fulfilling predictions on “the future of law” from the losers of our profession is, well, maybe not the be-all and end-all in the practice of law.

Sometimes I think maybe I’m wrong (no I don’t). Maybe the goal of all lawyers should be to be first on Google, maybe these LinkedIn endorsements will result in something, anything. Maybe I do need to pay some 28-year-old former fired lawyer to teach me how to use the internet. Maybe I’m not using Facebook in a way that will get high-net-worth clients calling my office every day. Maybe instead of building a practice by doing well for clients, I need to be a brand like Coca-Cola or Amazon.com.

There’s a reason all these future-of-law people have an effect on lawyers: lawyers want to make money. Lawyers want to believe. We want to continue to hope that what we convinced ourselves of is true — that a law degree is a ticket to wealth and fame. If it’s not happening for us, we will seek out those that say we’re doing it wrong, and for a fee, they can make everything peachy….

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Tom Wallerstein

Does this type of email look familiar?

“I’m delighted to announce that our firm, Dewey Cheatem & Howe, has just reached a settlement of a longstanding class action on behalf of our beloved client Evilem Pire Insurance Corp. (‘EPIC’). Due to our tireless efforts reviewing documents and engaging in discovery motion practice, EPIC was able to settle the case for only $1 trillion dollars, a mere fraction of the many quadrillions sought by the plaintiffs . . . .”

If you are a lawyer in a firm, then you probably have seen a similar email more than once in your career. The victory email is a tradition at many firms, even when the result can only barely qualify as a victory. Because I think it behooves lawyers to always consider the purpose of any communication, we might wonder why victory emails are so prevalent….

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Ed. note: This is the first installment in a new series of monthly posts, brought to you by Corporette’s Kat Griffin, which will deal with topical business and lifestyle issues that present themselves in the world of Biglaw. Send your ideas for future columns to us by clicking here.

In just a few weeks, ’tis the most dreaded time of year for law firm associates: the time for holiday parties. What do you wear? What do you drink? Do you have to dance with your assistant? Can’t you just stay at the office until the after party gets started?

Keep reading for some tips and tricks on the dos and don’ts for law firm holiday parties….

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For those that have clients and spend their days surrounded by real people, I have some advice about year-end planning. I don’t care if you do or do not do any of this stuff, I can only tell you that it’s what I do and have done for years. Obviously, if you are part of the (“man, I hope all these idiot consultants are right”) future of law, much of it won’t apply to you.

If you’ve made some money this year, meet with your accountant.

One of my recent posts here was about my relationship with my accountant. I hope you have one, and I hope you set a lunch or meeting in your office or coffee shop in the next two weeks to discuss year-end tax planning. Next spring is a bad time to learn that you could have done some things to save yourself having to pay Uncle Sam more money. (By the way, for those of you getting a refund, you have bigger problems.)

If you’re not desperate for cash and you have clients that owe you money, consider telling them to pay in January.

What lawyer does this? You Biglaw folks have to try and collect before year’s end, so that leaves us small guys to give early Christmas gifts to our clients by telling them, yes, you will have money for that flat-screen you can’t afford, just pay your bill by January 15. Trying to get money out of clients during the holidays (read: after Thanksgiving) just makes you the one that is crushing the client’s mellow. Plus, relevant to point one here, you’ll be able to decrease your income for 2012….

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I’m often tagged as someone who hates young lawyers. I write about the whiners, the entitled, the ones who buy in to the notion that a law practice is a little square box with cool apps. Because I am critical of some, the narrow-minded tunnel vision types that troll the internet have assured themselves that I, in fact, hate all young lawyers.

None of these people were at the seminar I hosted last week for young lawyers interested in building, growing, and managing a private practice. Because I hate all young lawyers, I took a day and a half away from my practice to host a seminar, buy a few drinks, and help out a few that couldn’t afford to go.

The seminar was a mix of topics. Yes, there was tech — two hours, in fact. One hour on toys and apps, and one on internet marketing. We had a panel of women giving advice to women looking to build a private practice, and we had a panel to discuss the issues facing niche practitioners.

Casey Anthony defense lawyer Jose Baez spoke on how a high profile case can affect a lawyer’s practice. You know, high profile cases are always super awesome. Jose is now getting lots of calls, signing lots of autographs, and trying to recoup his life savings and resolve the foreclosure of his home. His new baby, a baby that was born in a hospital where his wife had to sneak in a back door and use an alias to keep the media and angry mobs away, is doing great.

The crowd was a mix — some experienced lawyers wanting to revamp their marketing or try a new software program — but mostly young lawyers, those that the hucksters and scammers try to convince the future of law is mostly virtual, and nothing like it was just a few years ago. I still laugh at those that don’t realize those touting “the future of law” are trying to sell their vision of “the future.” They don’t know what the future will bring, they just know that they need to make money, and just like fortune tellers, if they can convince you their “future” is reality, you’ll pay. Idiots….

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Tom Wallerstein

One of my favorite recurring columns on Above the Law is the “Departure Memo of the Day.” Elie Mystal hit a nerve last week when he published a particularly depressing departure memo from a harried mother at Clifford Chance who was struggling, unsuccessfully, to balance the demands of parenthood and Biglaw. The departure memo lit up Twitter and even the Huffington Post decided to weigh in.

At many Biglaw firms, departure memos have become an ingrained part of the culture. Why are departure memos so ubiquitous, especially in Biglaw? The New York Times put it best:

“The ‘departure memo’ is a fixture at many large employers, and nowhere more so than at big law firms. Departures, particularly of young associates, are built into the business model. Not everyone is supposed to stay, and many never planned to stay, so leaving is often celebrated. Many of the ‘Departure Memos of the Day’ published on Above the Law fall into that category. Excitement at the next opportunity, and a little bit of glee at leaving, is completely acceptable, as is a little thumbing of the nose at the firm. Creativity isn’t unusual.”

The Clifford Chance departure memo struck a chord with many lawyers because it openly grappled with the struggle for work/life balance so familiar to so many of us. But it also raises bigger issues regarding the purpose intended by such missives….

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